(1)—(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) It shall be the duty of every local education authority or, in the case of pupils at a grant-maintained school, the duty of the governing body of the school to make arrangements for encouraging and assisting pupils to take advantage of the provision for medical and dental inspection and treatment made for them in pursuance of section 5(1) of the National Health Service Act 1977 or paragraph 1(a)(i) of Schedule 1 to that Act:
Provided that if the parent of any pupil gives to the authority or, as the case may be, to the governing body notice that he objects to the pupil availing himself of any of the provision so made, the pupil shall not be encouraged or assisted so to do.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
50 Provision of board and lodging otherwise than at boarding schools or colleges.
(1) Where the local education authority are satisfied with respect to any pupil that primary or secondary education suitable to his age ability and aptitude and to any special educational needs he may have can best be provided . . . for him at any particular county school, voluntary school , grant-maintained school, or special school, . . . but that such education cannot be so provided unless boarding accommodation is provided for him otherwise than at the school . . . , and where a local education authority are satisfied, with respect to a pupil having special educational needs, that provision for him of board and lodging is necessary for enabling him to receive the required special educational provision, the authority may provide such board and lodging for him under such arrangements as they think fit.
(2) In making any arrangements under this section for any pupil . . . , a local education authority shall, so far as practicable, give effect to the wishes of the parent of the pupil . . . , with respect to the religion orreligious denomination of the person with whom he will reside.
52 †Recovery of cost of boarding accommodation and of clothing.
(1) Where a local education authority have, under the powers conferred by the foregoing provisions of this Act, provided a pupil with board and lodging otherwise than at a boarding school . . . . . . the authority shall require the parent to pay to the authority in respect thereof such sums, if any, as in the opinion of the authority he is able without financial hardship to pay:
Provided that—
(a) where the board and lodging provided for the pupil were so provided under arrangements made by the local education authority on the ground that in their opinion education suitable to his age ability and aptitude or special educational needs could not otherwise be provided . . . no sum shall be recoverable in respect thereof under this section . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The sums recoverable under this section shall not exceed the cost to the local education authority of providing the board and lodging . . .
(3) Any sums payable by virtue of this section may be recovered summarily as a civil debt.
53 Provision of facilities for recreation and social and physical training.
(1) It shall be the duty of every local education authority to secure that the facilities for primary secondary and further education provided for their area include adequate facilities for recreation and social and physical training, and for that purpose a local education authority . . . may establish maintain and manage, or assist the establishment, maintenance, and management of camps, holiday classes, playing fields, play centres, and other places (including playgrounds, gymnasiums, and swimming baths not appropriated to any school or other educational institution, at which facilities for recreation and for such training as aforesaid are available for persons receiving primary secondary or further education, and may organise games, expeditions and other activities for such persons, and may defray or contribute towards the expenses thereof.
(2) A local education authority, in making arrangements for the provision of facilities or the organisation of activities under the powers conferred on them by the last foregoing subsection shall, in particular, have regard to the expediency of co-operating with any voluntary societies or bodies whose objects include the provision of facilities or the organisation of activities of a similar character.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) A local education authority may, by directions in writing issued with respect to all schools maintained by them and grant-maintained schools within their areaor with respect to any of such schools named in the directions, authorise a medical officer of the authority to cause examinations of the persons and clothing of pupils in attendance at such school to be made whenever in his opinion such examinations are necessary in the interests of cleanliness . . . .
(2) Any such examination as aforesaid shall be made by a person authorised by the local education authority to make such examinations, and if the person or clothing of any pupil is found upon such an examination to be infested with vermin or in a foul condition, any officer of the authority may serve upon the parent of the pupil . . . a notice requiring him to cause the person and clothing of the pupil to be cleansed.
(3) A notice served under the last foregoing subsection shall inform the person upon whom it is served that unless within the period limited by the notice, not being less than twenty-four hours after the service thereof, the person and clothing of the pupil to whom the notice relates are cleansed to the satisfaction of such person as may be specified in the notice the cleansing thereof will be carried out under arrangements made by the local education authority; and if, upon a report being made to him by that person at the expiration of that period, a medical officer of the authority is not satisfied that the person and clothing of the pupil have been properly cleansed, the medical officer may issue an order directing that the person and clothing of the pupil be cleansed under such arrangements.
(4) It shall be the duty of the local education authority to make arrangements for securing that any person or clothing required under this section to be cleansed may be cleansed (whether at the request of a parent . . . or in pursuance of an order issued under this section) at suitable premises by suitable persons and with suitable appliances; and where the council of any . . . district in the area of the authoritythe council of any inner London borough or the Common Council of the City of London are entitled to the use of any premises or appliances for cleansing the person or clothing of persons infested with vermin, the authority may require the council to permit the authority to use those premises or appliances for such purposes upon such terms as may be determined by agreement between the authority and the council or, in default of such agreement, by the Secretary of State for Social Services.
(5) Where an order has been issued by a medical officer under this section directing that the person and clothing of a pupil be cleansed under arrangements made by a local education authority, the order shall be sufficient to authorise any officer of the authority to cause the person and clothing of the pupil in the order to be cleansed in accordance with arrangements made under the last foregoing subsection, and for that purpose to convey him to, and detain him at, any premises provided in accordance with such arrangements.
(6) If, after the cleansing of the person or clothing of any pupil has been carried out under this section, his person or clothing is again found to be infested with vermin or in a foul condition at any time while he is in attendance at a school maintained by a local education authority or at a grant-maintained school . . . , and it is proved that the condition of his person or clothing is due to neglect on the part of his parent . . . , the parent . . . shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.
(7) Where a medical officer of a local education authority suspects that the person or clothing of any pupil in attendance at a school maintained by the authority or at a grant-maintained school within the area of the authority . . . is infested with vermin or in a foul condition, but action for the examination or cleansing thereof cannot immediately be taken, he may, if he considers it necessary so to do either in the interest of the pupil or of other pupils in attendance at the school . . . , direct that the pupil be excluded from the school . . . until such action has been taken; and such a direction shall be a defence to any proceedings under Part IV of the Education Act 1993 in respect of the failure of the pupil to attend school . . . on any day on which he is excluded in pursuance of the direction, unless it is proved that the issue of the direction was necessitated by the wilful default of the pupil or his parent.
(8) No girl shall be examined or cleansed under the powers conferred by this section except by a duly qualified medical practitioner or by a woman authorised for that purpose by a local education authority.
(9) Subsection (4) above has effect in relation to Wales as if the words from “and where” to the end were omitted.
(1) A local education authority shall make such arrangements for the provision of transport and otherwise as they consider necessary or as the Secretary of State may direct for the purpose of facilitating the attendance of persons receiving education—
(a) at schools,
(b) at any institution maintained or assisted by them which provides higher education or further education (or both),
(c) at any institution within the further education sector, or
(d) at any institution outside the further education sector and higher education sector, where a further education funding council has secured provision for those persons at the institution under section 4(3) or (5) of the Further and Higher Education Act 1992;
and any transport provided in pursuance of such arrangements shall be provided free of charge.
(2) A local education authority may pay the whole or any part, as the authority think fit, of the reasonable travelling expenses of any person receiving education at any school or any such institution as is mentioned in subsection (1) above for whose transport no arrangements are made under this section.
(3) In considering whether or not they are required by subsection (1) above to make arrangements in relation to a particular person, the local education authority shall have regard (amongst other things) to the age of the person and the nature of the route, or alternative routes, which he could reasonably be expected to takeand to any wish of his parent for him to be provided with education at a school or institution in which the religious education provided is that of the religion or denomination to which his parent adheres
(4) Arrangements made by a local education authority under subsection (1) above shall make provision—
(a) for pupils at grant-maintained schools which is no less favourable than the provision made in pursuance of the arrangements for pupils at schools maintained by a local education authority,
(b) for persons receiving full-time education at any institution within the further education sector which is no less favourable than the provision made in pursuance of the arrangements for pupils of the same age at schools maintained by a local education authority, and
(c) for persons receiving full-time education at institutions mentioned in subsection (1)(d) above which is no less favourable than the provision made in pursuance of the arrangements—
(i) for persons of the same age with learning difficulties (within the meaning of section 41(9) of this Act) at schools maintained by a local education authority, or
(ii) where there are no such arrangements, for such persons for whom the authority secures the provision of education at any other institution.
(5) Regulations under section 8(5) of the Education Act 1980 may require publication, within the meaning of that section, by every local education authority of such information as may be required by the regulations with respect to the authority’s policy and arrangements for provision under this section for persons attending institutions mentioned in subsection (1)(c) or (d) above who are over compulsory school age and who have not attained the age of nineteen years.
58 Adaptation of enactments relating to the employment of children or young persons.
For the purposes of any enactment relating to the prohibition or regulation of the employment of children or young persons, any person who is not for the purposes of this Act over compulsory school age shall be deemed to be a child within the meaning of that enactment.
59 Power of local education authorities to prohibit or restrict employment of children.
(1) If it appears to a local education authority that any child who is a registered pupil at a county school, voluntary school, or special school, is being employed in such manner as to be prejudicial to his health or otherwise to render him unfit to obtain the full benefit of the education provided for him, the authority may, by notice in writing served upon the employer, prohibit him from employing the child, or impose such restrictions upon his employment of the child as appear to them to be expedient in the interests of the child.
(2) A local education authority may, by notice in writing served upon the parent or employer of any child who is a registered pupil at a county school, voluntary school, or special school, require the parent or employer to provide the authority, within such period as may be specified in the notice, with such information as appears to the authority to be necessary for the purpose of enabling them to ascertain whether the child is being employed in such a manner as to render him unfit to obtain the full benefit of the education provided for him.
(3) Any person who employs a child in contravention of any prohibition or restriction imposed under subsection (1) of this section, or who fails to comply with the requirements of a notice served under subsection (2) of this section, shall be guilty of an offence against this section and liable on summary conviction, in the case of a first offence to a fine not exceeding level 1 on the standard scale, in the case of a second offence to a fine not exceeding level 1 on the standard scale, and in the case of a third or subsequent offence to a fine not exceeding level 1 on the standard scale or to imprisonment for a term not exceeding one month or to both such fine and such imprisonment.
(4) Subsection (1) and subsection (3) of section twenty-eight of the Children and Young Persons Act 1933 (which relate to powers of entry for the enforcement of the provisions of Part II of that Act with respect to the employment of children) shall apply with respect to the provisions of any notice served under this section as they apply with respect to the provisions of the said Part II.
62 †Duties of Minister and of local education authorities as to the training of teachers.
(1) In execution of the duties imposed on him by this Act, the Secretary of State for Education and Science shall, in particular, make such arrangement as he considers expedient for securing that there shall be available sufficient facilities for the training of teachers for service in schools maintained by local education authorities, grant-maintained schools institutions within the further education sector and institutions which are maintained by such authorities and provide higher education or further education (or both).
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
63 Exemption from building byelaws of buildings approved by the Minister.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Where plans for or particulars in respect of any building required for the purposes of any school or other educational establishment are approved by the Secretary of State for Education and Science, he may by order direct that any provision of any local Act or of any byelaw made under such an Act shall not apply in relation to the building or shall apply in relation thereto with such modifications as may be specified in the order.
65 Endowments for maintenance of voluntary schools.
Where any sums which accrue after the date of the commencement of this Part of this Act in respect of the income of any endowment are required by virtue of the provisions of any trust deed to be applied towards the maintenance of a school which a local education authority are required to maintain as a voluntary school, the said sums shall not be payable to the local education authority, but shall be applied by the . . . governors of the school towards the discharge of their obligations, if any, with respect to the maintenance of the school, or in such other manner, if any, as may be determined by a scheme for the administration of the endowment made after the date of the commencement of this Part of this Act.
(1) Save as otherwise expressly provided by this Act, any dispute between a local education authority and the . . . governors of any school with respect to the exercise of any power conferred or the performance of any duty imposed by or under this Act, may, notwithstanding any enactment rendering the exercise of the power or the performance of the duty contingent upon the opinion of the authority or of the . . . governors, be referred to the Secretary of State for Education and Science; and any such dispute so referred shall be determined by him.
(2) Any dispute between two or more local education authorities as to which of them is responsible for the provision of education for any pupil . . . shall be determined by the Secretary of State for Education and Science.
(3) Where any trust deed relating to a voluntary or grant-maintained school makes provision whereby a bishop or any other ecclesiastical or denominational authority has power to decide whether the religious education given in the school which purports to be in accordance with the provisions of the trust deed does or does not accord with those provisions, that question shall be determined in accordance with the provisions of the trust deed.
(4) If in the case of a county voluntary or grant-maintained school a question arises whether a change in the character of the school or enlargement of the school premises would be a significant change or enlargement, that question shall be determined by the Secretary of State.
(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
68 †Power of Minister to prevent unreasonable exercise of functions.
If the Secretary of State for Education and Science is satisfied, either on complaint by any person or otherwise, that any local education authority or the . . . governors of any county or voluntary school have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under this Act, he may, notwithstanding any enactment rendering the exercise of the power or the performance of the duty contingent upon the opinion of the authority or of the . . . governors, give such directions as to the exercise of the power or the performance of the duty as appear to him to be expedient.
In this section, references to a local education authority shall be construed as including references to any body of persons authorised, in accordance with the First Schedule to this Act, . . . , to exercise functions of such an authority.
69 †Powers of Minister as to medical examinations and inspections.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Where any question is referred to the Secretary of State for Education and Science under this Part of this Act, then, if in the opinion of the Secretary of State for Educationnand and Science the examination of any pupil by a duly qualified medical practitioner appointed for the purpose by him would assist the determination of the question referred to him, the Secretary of State for Education and Science may by notice in writing served on the parent of that pupil . . . require the parent to submit him . . . for examination by such a practitioner; and if any person on whom such a notice is served fails without reasonable excuse to comply with the requirements thereof, he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.
(1) The Secretary of State for Education and Science shall appoint one of his officers to be Registrar of Independent Schools; and it shall be the duty of the Registrar of Independent Schools to keep a register of all independent schools, which shall be open to public inspection at all reasonable times, and, subject as hereinafter provided, to register therein any independent school of which the proprietor makes application for the purpose in the prescribed manner and furnishes the prescribed particulars:
Provided that—
(a) no independent school shall be registered if, by virtue of an order made under the provisions hereinafter contained, the proprietor is disqualified from being the proprietor of an independent school or the school premises are disqualified from being used as a school, or if the school premises are used or proposed to be used for any purpose for which they are disqualified by virtue of any such order; and
(b) the registration of any school shall be provisional only until the Secretary of State for Education and Science, after the school has been inspected on his behalf under the provisions of Part IV of this Act, gives notice to the proprietor that the registration is final.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) If after the expiration of six months from the date of the commencement of this Part of this Act any person—
(a) conducts an independent school (whether established before or after the commencement of that Part) which is not a registered school or a provisionally registered school; or
(b) being the proprietor of an independent school does any act calculated to lead to the belief that the school is a registered school while it is a provisionally registered school;
he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale or in the case of a second or subsequent conviction to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding three months or to both such imprisonment and such fine.
(3A) A person shall not be guilty of an offence under subsection (3)(a) above by reason of conducting a school at any time within the period of one month from the date on which it was first conducted (whether by that person or another) if an application for the registration of the school has been duly made within that period.
(4) The Secretary of State may by regulations make provision for requiring the proprietor of a registered or provisionally registered school to furnish the Registrar from time to time with such particulars relating to the school as may be prescribed and for enabling the Secretary of State to order the deletion from the register of the name of any school in respect of which any requirement imposed by or under the regulations is not complied with.
(4A) Regulations made under subsection (4) above may in particular require the proprietor of a school to furnish the Registrar with such information as is required by the local authority for the purpose of determining whether the school is a children’s home (within the meaning of the Children Act 1989).
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) If at any time the Secretary of State for Education and Science is satisfied that any registered or provisionally registered school is objectionable upon all or any of the following grounds—
(a) that the school premises or any parts thereof are unsuitable for a school;
(b) that the accommodation provided at the school premises is inadequate or unsuitable having regard to the number, ages, and sex of the pupils attending the school;
(c) that efficient and suitable instruction is not being provided at the school having regard to the ages and sex of the pupils attending thereat;
(d) that the proprietor of the school or any teacher employed therein is not a proper person to be the proprietor of an independent school or to be a teacher or other employee in any school, as the case may be;
(e) there has been a failure, in relation to a child provided with accommodation by the school, to comply with the duty imposed by section 87 of the Children Act 1989 (welfare of children accommodated in independent schools);
the Secretary of State shall serve upon the proprietor of the school a notice of complaint stating the grounds of complaint together with full particulars of the matters complained of, and, unless any of such matters are stated in the notice to be in the opinion of the Secretary of State for Education and Science irremediable, the notice shall specify the measures necessary in the opinion of the Secretary of State for Education and Science to remedy the matters complained of, and shall specify the time, not being less than six months after the service of the notice, within which such measures are thereby required to be taken.
(2) If it is alleged by any notice of complaint served under this section that any person employed as a teacher or other employeeat the school is not a proper person to be a teacher or other employee in any school, that person shall be named in the notice and the particulars contained in the notice shall specify the grounds of the allegation, and a copy of the notice shall be served upon him.
(3) Every notice of complaint served under this section and every copy of such a notice so served shall limit the time, not being less than one month after the service of the notice or copy, within which the complaint may be referred to an Independent Schools Tribunal under the provisions hereinafter contained.
(4) If at any time the Secretary of State is satisfied that a person whose employment is prohibited or restricted by virtue of regulations under section 218(6) of the Education Reform Act 1988—
(a) is employed in a registered or provisionally registered school in contravention of those regulations, or
(b) is the proprietor of such a school,
he may order that the school be struck off the register or, as the case may be, that the Registrar is not to register the school.
(5) In this section, and in sections 72 and 73 of this Act, “employee” means a person employed in work which brings him regularly into contact with persons who have not attained the age of nineteen years.
(1) Any person upon whom a notice of complaint or a copy of such a notice is served under the last foregoing section may, within the time limited by the notice, appeal therefrom by referring the complaint, in such manner as may be provided by rules made under this Part of this Act, to an Independent Schools Tribunal constituted in accordance with the provisions of the Sixth Schedule to this Act.
(2) Upon a complaint being referred to an Independent Schools Tribunal, the tribunal shall, after affording to all parties concerned an opportunity of being heard, and after considering such evidence as may be tendered by them or on their behalf, have power—
(a) to order that the complaint be annulled:
(b) to order that the school in respect of which the notice of complaint was served be struck off the register:
(c) to order that the school be so struck off unless the requirements of the notice, subject to such modifications, if any, as may be specified in the order are complied with to the satisfaction of the Secretary of State for Education and Science before the expiration of such time as may be specified in the order:
(d) if satisfied that the premises alleged by the notice of complaint to be unsuitable for use as a school or any part of such premises are in fact unsuitable for such use, by order to disqualify the premises or part from being so used, or, if satisfied that the accommodation provided at the school premises is inadequate or unsuitable having regard to the number, ages and sex of the pupils attending the school, by order to disqualify the premises from being used as a school for pupils exceeding such number or of such age or sex as may be specified in the order:
(e) if satisfied that any person alleged by the notice of complaint to be a person who is not proper to be the proprietor of an independent school or to be a teacher or other employee in any school is in fact such a person, by order to disqualify that person from being the proprietor of any independent school or from being a teacher or other employee in any school, as the case may be.
(3) Where a notice of complaint has been served under this Act on the proprietor of any school and the complaint is not referred by him to an Independent School Tribunal within the time limited in that behalf by the notice, the Secretary of State for Education and Science shall have power to make any order which such a tribunal would have had power to make if the complaint had been so referred:
Provided that, if it was alleged by the notice of complaint that any person employed as a teacher or other employee at the school is not a proper person to be a teacher or other employee in any school and that person has, within the time limited in that behalf by the copy of the notice served upon him, referred the complaint to an Independent Schools Tribunal, the Secretary of State for Education and Science shall not have power to make an order requiring his dismissal or disqualifying him from being a teacher or other employee in any school.
(4) Where by virtue of an order made by an Independent Schools Tribunal or by the Secretary of State for Education and Science any person is disqualified either from being the proprietor of an independent school or from being a teacher or other employee in any school, then, unless the order otherwise directs, that person shall, by virtue of the order, be disqualified both from being the proprietor of an independent school and from being a teacher or other employee in any school.
(1) Where an order is made by the Secretary of State for Education and Science or by an Independent Schools Tribunal directing that any school be struck off the register, the Registrar of Independent Schools shall as from the date on which the direction takes effect strike the school off the register.
(2) If any person uses any premises for purposes for which they are disqualified by virtue of any order made under this Part of this Act, that person shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale or in the case of a second or subsequent conviction (whether in respect of the same or other premises) to a fine not exceeding level 4 on the standard scale, or to imprisonment for a term not exceeding three months or to both such imprisonment and such fine.
(3) If any person acts as the proprietor of an independent school, or accepts or endeavours to obtain employment as a teacher or other employee in any school, while he is disqualified from so acting or from being so employed by virtue of any such order as aforesaid, he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale or in the case of a second or subsequent conviction to a fine not exceeding level 4 on the standard scale, or to imprisonment for a term not exceeding three months or to both such imprisonment and such fine.
(4) No proceedings shall be instituted for an offence against this Part of this Act except by or on behalf of the Secretary of State for Education and Science.
(5) For the purposes of the foregoing provisions of this Part of this Act, a person who is disqualified by an order made under Part IV of the Education (Scotland) Act 1945 from being the proprietor of an independent school or from being a teacher in any school shall be deemed to be so disqualified by virtue of an order made under this Part of this Act.
(1) If on the application of any person the Secretary of State for Education and Science is satisfied that any disqualification imposed by an order made under this Part of this Act is, by reason of any change of circumstances, no longer necessary, the Secretary of State for Education and Science may by order remove the disqualification.
(2) Any person who is aggrieved by the refusal of the Secretary of State for Education and Science to remove a disqualification so imposed may, within such time after the refusal has been communicated to him as may be limited by rules made under this Part of this Act, appeal to an Independent Schools Tribunal.
75 Proceedings before Independent Schools Tribunals and matters relating thereto.
(1) The Lord Chancellor may, with the concurrence of the Lord President of the Council, make rules as to the practice and procedure to be followed with respect to the constitution of Independent Schools Tribunals, as to the manner of making appeals to such tribunals, and as to proceedings before such tribunals and matters incidental to or consequential on such proceedings, and, in particular, such rules may make provision requiring any such tribunal to sit at such places as may be directed in accordance with the rules, and may make provision as to appearance before such tribunals by counsel or solicitor . . .
(2) The provisions of the Arbitration Act 1950, shall not apply to any proceedings before an Independent Schools Tribunal except so far as any provisions thereof may be applied thereto with or without modifications by rules made under this section.
(3) Every order of an Independent Schools Tribunal shall be registered by the Registrar of Independent Schools and shall be open to public inspection at all reasonable times.
76 Pupils to be educated in accordance with the wishes of their parents.
In the exercise and performance of all powers and duties conferred and imposed on them by the Education Acts 1944 to 1996 the Secretary of State for Education and Sciencethe funding authoritiesand local education authorities shall have regard to the general principle that, so far as is compatible with the provision of efficient instruction and training and the avoidance of unreasonable public expenditure, pupils are to be educated in accordance with the wishes of their parents.
(1) In this section the expression “educational establishment” means . . ., an institution within the PCFC funding sector or an institution which is maintained or assisted by a local education authority and provides higher education or further education (or both); and if the persons responsible for the management of any institution which is not an educational establishment within the foregoing definition request the Secretary of State or any local education authority to cause an inspection of that institution to be made under the powers conferred by this section, the institution shall, for the purposes of that inspection, be deemed to be also included within that definition.
(2) It shall be the duty of the Secretary of State for Education and Science to cause inspections to be made of every educational establishment at such intervals as appear to him to be appropriate, and to cause a special inspection of any such establishment to be made whenever he considers such an inspection to be desirable; and for the purpose of enabling such inspections to be made on behalf of the Secretary of State for Education and Science, inspectors may be appointed by His Majesty on the recommendation of the Secretary of State for Education and Science, and persons may be authorised by the Secretary of State for Education and Science to assist such inspectors and to act as additional inspectors:
Provided that the Secretary of State for Education and Science shall not be required by virtue of this subsection to cause inspections to be made of any educational establishment during any period during which he is satisfied that suitable arrangements are in force for the inspection of that establishment otherwise than in accordance with this subsection.
(3) Any local education authority may cause an inspection to be made of any educational establishment maintained by the authority, and such inspections shall be made by officers appointed by the local education authority.
(4) If any person obstructs any person authorised to make an inspection in pursuance of the provisions of this section in the execution of his duty, he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale, or, in the case of a second or subsequent conviction, to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding three months or to both such imprisonment and such fine.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
78 Provision of certain ancillary services for pupils not in attendance at schools maintained by local education authorities.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) A local education authority may, with the consent of the proprietor of any school in their area which is not a school maintained by the authority, and upon such financial and other terms, if any, as may be determined by agreement between the authority and the proprietor of the school, make arrangements for securing—
(a) the provision of milk, meals and other refreshment for pupils in attendance at the school; . . .
Provided that any arrangements made under this subsection shall be such as to secure, so far as is practicable, that the expense incurred by the authority in connection with the provision under the arrangements of any service or article shall not exceed the expense which would have been incurred by them in the provision thereof if the pupil had been a pupil at a school maintained by them.
(1) The proprietor of every school (that is to say in the case of a county school or voluntary school the . . . governors thereof and in the case of a grant-maintained school the governing body of the school) shall cause to be kept in accordance with regulations made by the Secretary of State for Education and Science a register containing the prescribed particulars with respect to all persons . . . who are pupils at the school, and such regulations may make provision for enabling such registers to be inspected, for enabling extracts therefrom to be taken for the purposes of this Act by persons duly authorised in that behalf under the regulations, and for requiring the persons by whom any such register is required to be kept to make to the Secretary of State to the funding authorities for Education and Science, and to local education authorities, such periodical or other returns as to the contents thereof as may be prescribed.
(1A) Without prejudice to the generality of subsection (1) of this section, the prescribed particulars shall include particulars of the name and address of every person known to the proprietor of the school to be a parent of a pupil at the school.
(2) If any person contravenes or fails to comply with any requirement imposed on him by regulations made under this section, he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
81 Power of local education authorities to give assistance by means of scholarships and otherwise.
Regulations shall be made by the Secretary of State for Education and Science empowering local education authorities, for the purpose of enabling persons to take advantage without hardship to themselves or their parents of any educational facilities available to them—
(a) to defray such expenses of children attending county schools, voluntary schools, grant-maintained schools, or special schools, as may be necessary to enable them to take part in any school activities:
(b) to pay the whole or any part of the fees and expenses payable in respect of children attending schools at which fees are payable:
(c) to grant scholarships, exhibitions, bursaries, and other allowances in respect of persons over compulsory school age . . .
(d) to grant allowances in respect of any child in respect of whom any scholarship exhibition bursary or other allowance has been granted by a former authority before the date of the commencement of Part II of this Act.
82 Powers of local education authorities as to educational research.
A local education authority may, . . . make such provision for conducting or assisting the conduct of research as appears to the authority to be desirable for the purpose of improving the educational facilities provided for their area.
83 Powers of local education authorities as to educational conferences.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A local education authority may organise, or participate in the organisation of, conferences for the discussion of questions relating to education, and may expend such sums as may be reasonable in paying or contributing towards any expenditure incurred in connection with conferences for the discussion of such questions, including the expenses of any person authorised by them to attend any such conference.
85 Power of local education authorities to accept gifts for educational purposes.
(1) Subject to the provisions of this section, a local education authority shall have power, and any such authority or any former authority shall be deemed always to have had power, to accept hold and administer any property upon trust for purposes connected with education.
(2) Any intention on the part of a local education authority that a school . . . (other than a nursery school or a special school) should be vested in the authority as trustees shall be treated for the purposes of subsection (1) of section 12 of the Education Act 1980 as an intention on the part of the authority to maintain the school as a county school; and accordingly proposals for that purpose shall be published and submitted as required by that section, and the other provisions of that section and of sections 14 and 16 of that Act shall apply as in a case where a local education authority intend to maintain a school as a county school.
(3) Any school . . . which in accordance with subsection (2) above is vested in a local education authority as trustees shall be a county school.
88 Appointment of chief education officers of local education authorities.
The duties of a local education authority with respect to the appointment of officers under the provisions of the Local Government Act, 1972, shall, without prejudice to the generality of those provisions, include the duty of appointing a fit person to be the chief education officer of the authority, . . .